Voltage Pictures, LLC v. Salna

Voltage Pictures, LLC v. Salna

The Court held that Voltage demonstrated some basis in fact that a reverse class action is the preferable procedure and that Robert Salna is a suitable representative respondent provided there is reasonable assurance of funding for class counsel; however Voltage’s litigation plan is deficient because it relies...

Source-derived case information.

Citation
2023 FC 893
Parties
Applicant: VOLTAGE PICTURES, LLC; Applicant: COBBLER NEVADA, LLC; Applicant: PTG NEVADA, LLC; Applicant: CLEAR SKIES NEVADA, LLC; Applicant: GLACIER ENTERTAINMENT S.A.R.L. OF LUXEMBOURG; Applicant: GLACIER FILMS 1, LLC; Applicant: FATHERS & DAUGHTERS NEVADA, LLC; Respondent (proposed Representative): ROBERT SALNA; Respondent (proposed Representative): JAMES ROSE; Respondent (proposed Representative): LOREDANA CERILLI; Intervener: SAMUELSON-GLUSHKO CANADIAN INTERNET POLICY & PUBLIC INTEREST CLINIC (CIPPIC); Intervener: BELL CANADA; Intervener: COGECO CONNEXION INC.; Intervener: ROGERS COMMUNICATIONS CANADA INC.; Intervener: SASKTEL; Intervener: TELUS COMMUNICATIONS INC.; Intervener: VIDEOTRON LTD.; Intervener: XPLORE INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 June 2023
Procedural Posture
Reverse Class Action for Copyright Infringement (certification Motion) / Certification Motion Dismissed With Leave to Amend (order Dated 2023 06 26)
Outcome
Certification motion dismissed with leave to amend; costs awarded to respondent Robert Salna in the lump sum amount of $50,710; security for costs released subject to payment of costs
Legal Topics
Preferable Procedure, Representative Respondent Suitability, Notice and Notice Regime, Norwich Order, Litigation Plan and Funding, Costs
Source Language
english
Copyright Class Actions Civil Procedure Internet/isp Law Preferable Procedure Representative Respondent Suitability Notice and Notice Regime Norwich Order +2 more

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Parties

VOLTAGE PICTURES, LLC

Applicant

COBBLER NEVADA, LLC

Applicant

PTG NEVADA, LLC

Applicant

CLEAR SKIES NEVADA, LLC

Applicant

GLACIER ENTERTAINMENT S.A.R.L. OF LUXEMBOURG

Applicant

GLACIER FILMS 1, LLC

Applicant

FATHERS & DAUGHTERS NEVADA, LLC

Applicant

ROBERT SALNA

Respondent (proposed Representative)

JAMES ROSE

Respondent (proposed Representative)

LOREDANA CERILLI

Respondent (proposed Representative)

SAMUELSON-GLUSHKO CANADIAN INTERNET POLICY & PUBLIC INTEREST CLINIC (CIPPIC)

Intervener

BELL CANADA

Intervener

COGECO CONNEXION INC.

Intervener

ROGERS COMMUNICATIONS CANADA INC.

Intervener

SASKTEL

Intervener

TELUS COMMUNICATIONS INC.

Intervener

VIDEOTRON LTD.

Intervener

XPLORE INC.

Intervener

Procedural Posture

Reverse Class Action for Copyright Infringement (certification Motion) / Certification Motion Dismissed With Leave to Amend (order Dated 2023 06 26)

Legal Issues

  1. 1 Whether a class action is the preferable procedure to resolve Voltage’s claims of online copyright infringement against numerous anonymous internet account subscribers
  2. 2 Whether Robert Salna is a suitable representative respondent
  3. 3 Whether the Copyright Act notice-and-notice regime may be used to serve certification notices or otherwise be used as a mechanism to identify and communicate with class members or to facilitate opt-outs

Ratio Decidendi

The Court held that Voltage demonstrated some basis in fact that a reverse class action is the preferable procedure and that Robert Salna is a suitable representative respondent provided there is reasonable assurance of funding for class counsel; however Voltage’s litigation plan is deficient because it relies impermissibly on the Copyright Act notice-and-notice regime to notify class members and to facilitate opt-outs and fails to provide adequate funding mechanisms, and therefore certification is refused with leave to amend; costs of the motion are awarded to Salna in the lump sum of $50,710.

Court Disposition

Certification motion dismissed with leave to amend; costs awarded to respondent Robert Salna in the lump sum amount of $50,710; security for costs released subject to payment of costs

Orders

  • The motion for certification of the proposed class proceeding is dismissed with leave to amend.
  • The $75,000 posted as security for costs is released to Voltage with interest, less payment of costs to Robert Salna in the all-inclusive lump sum amount of $50,710.